lazycis
02-28 12:51 PM
I did not understand 'are not outside of processing time'. Can you please explain in detail.
My other thought is for July 2007 485 filer, 180 days is already completed. Assume the namecheck started on Aug 2007....
NSC is curretly processing EB I-485 cases filed before July 30, 2007. TSC - cases filed before April 10, 2007. So according to the USCIS policy: "If at any point your case should become more than 30 days outside our normal processing time, and you haven't received a written decision or update from us within the last 60 days, you can help us by calling customer service and letting us know. We will research your case, see what needs to be done to get it processed, and get back to you with an explanation."
I.e. NSC cases filed before July 1st are considered outside of processing time. The USCIS explains it in the latest name check FAQ posted today.
My other thought is for July 2007 485 filer, 180 days is already completed. Assume the namecheck started on Aug 2007....
NSC is curretly processing EB I-485 cases filed before July 30, 2007. TSC - cases filed before April 10, 2007. So according to the USCIS policy: "If at any point your case should become more than 30 days outside our normal processing time, and you haven't received a written decision or update from us within the last 60 days, you can help us by calling customer service and letting us know. We will research your case, see what needs to be done to get it processed, and get back to you with an explanation."
I.e. NSC cases filed before July 1st are considered outside of processing time. The USCIS explains it in the latest name check FAQ posted today.
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aroranuj
04-16 12:28 PM
Can anyone please give any advise/ideas on how to deal with this?
Thanks.
Hello All,
I have just received a copy of the denial notice that USCIS sent to the attorney for my I-140. This is what the notice states is the reason for the denial. Can someone please advise me what my chances are for an appeal to be approved? My lawyer is noncommittal at this this time. My I140 was filed under the EB3 Category. My 6th year of H1B expires in June.
"A Bachelor's degree is generallt found to require 4 years of education. Therefore, the beneficiary's 3 year diploma is not equivalent to a 4 year bachelors degree which is the minimum educational requirement to be classified as a professional on this labor certificate.
Under part H Number 4 of the Labor Certificate, the petitoner has checked the box "Other" under education. Under part 4-A the petitioner stated: 'Will accept academic studies evaluated as equivalent of US Bachelors'. The evaluation submitted indiactes that the beneficiary has the foreign equivalent of a US Bachelor of Science.
However this statement cannot infer that the petitioner will accept anything less than the minimum education requirements for a professional, i.e Bachelors degree. The evidence indicates that the beneficiary does not have a bachelors degree or foreign equivalent degree. Therefore, the beneficiary does not meet the minimum requirements of the ETA-9089"
Please note that I have a 3 year diploma & 1 year towards Bachelors in business & this case was files at the Texas Center. Any insights from knowledgeable members will be helpful.
Thanks.
Hello All,
I have just received a copy of the denial notice that USCIS sent to the attorney for my I-140. This is what the notice states is the reason for the denial. Can someone please advise me what my chances are for an appeal to be approved? My lawyer is noncommittal at this this time. My I140 was filed under the EB3 Category. My 6th year of H1B expires in June.
"A Bachelor's degree is generallt found to require 4 years of education. Therefore, the beneficiary's 3 year diploma is not equivalent to a 4 year bachelors degree which is the minimum educational requirement to be classified as a professional on this labor certificate.
Under part H Number 4 of the Labor Certificate, the petitoner has checked the box "Other" under education. Under part 4-A the petitioner stated: 'Will accept academic studies evaluated as equivalent of US Bachelors'. The evaluation submitted indiactes that the beneficiary has the foreign equivalent of a US Bachelor of Science.
However this statement cannot infer that the petitioner will accept anything less than the minimum education requirements for a professional, i.e Bachelors degree. The evidence indicates that the beneficiary does not have a bachelors degree or foreign equivalent degree. Therefore, the beneficiary does not meet the minimum requirements of the ETA-9089"
Please note that I have a 3 year diploma & 1 year towards Bachelors in business & this case was files at the Texas Center. Any insights from knowledgeable members will be helpful.
ajju
02-12 08:11 PM
He is ***ing desi employer and is counting on me as if he has to take some personal revenge..please kindly suggest all available options..?
Can i file my taxes thru HR block on basis of his paystubs(and checks) and bank statements?
IRS has a form to file if your W2 is missing... And you need to file taxes based on your best guess and last paystub with this bad employer... I had similar situation in 2000 and was very confused.. So I can understand your situation... And you need to paperfile.. cannot efile.. you can do on your own or thru any tax consultant... Its simple... These Desi employers won't give W2 to you and to IRS they'll tell they've mailed... So no one can harm them thisway... Only your case with DOL may bear some fruit... Feel free to PM me if need any advice...
You'll need to call IRS and report this.. then only they'll mail the form.. Its available on IRS website.. but better call them asap... and tell them you've sent a letter to your employer on Feb 1st about missing W2.. but he's not sending...
Can i file my taxes thru HR block on basis of his paystubs(and checks) and bank statements?
IRS has a form to file if your W2 is missing... And you need to file taxes based on your best guess and last paystub with this bad employer... I had similar situation in 2000 and was very confused.. So I can understand your situation... And you need to paperfile.. cannot efile.. you can do on your own or thru any tax consultant... Its simple... These Desi employers won't give W2 to you and to IRS they'll tell they've mailed... So no one can harm them thisway... Only your case with DOL may bear some fruit... Feel free to PM me if need any advice...
You'll need to call IRS and report this.. then only they'll mail the form.. Its available on IRS website.. but better call them asap... and tell them you've sent a letter to your employer on Feb 1st about missing W2.. but he's not sending...
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JA1HIND
01-26 04:59 PM
Hi,
"Employee acknowledges that the Company may invest significant sums to train and educate Employee and the Company’s investment in Employee would be jeopardized if Employee were to leave the company’s employment prior to the Company’s receipt of the benefits of such training and education. Employee hereby agrees to refund to the Company all amounts expended by the Company in the immediately preceding 12 months for education or training of the Employee if Employee resigns from the employment with the Company or is terminated by the Company for gross neglect of duty, material breach of the Letter or this Agreement or conviction or plea of guilty or no contests to a felony. Employee authorizes the Company to deduct and withhold such payment in full from any compensation or other amounts otherwise owed or payable to Employee. The payments will be due within 30 days of termination of the employment."
Bottom line, once you sign in legal terms you are agreeing to the company terms & conditions...as I highlighted above, its pretty clear that if you leave before the set time frame you will be responsible for paying them back!!
"Employee acknowledges that the Company may invest significant sums to train and educate Employee and the Company’s investment in Employee would be jeopardized if Employee were to leave the company’s employment prior to the Company’s receipt of the benefits of such training and education. Employee hereby agrees to refund to the Company all amounts expended by the Company in the immediately preceding 12 months for education or training of the Employee if Employee resigns from the employment with the Company or is terminated by the Company for gross neglect of duty, material breach of the Letter or this Agreement or conviction or plea of guilty or no contests to a felony. Employee authorizes the Company to deduct and withhold such payment in full from any compensation or other amounts otherwise owed or payable to Employee. The payments will be due within 30 days of termination of the employment."
Bottom line, once you sign in legal terms you are agreeing to the company terms & conditions...as I highlighted above, its pretty clear that if you leave before the set time frame you will be responsible for paying them back!!
more...
pappu
05-11 02:17 PM
I have the same question. Recapture bill can be added as an amendment. Is any of IV's provisions there in the bill?
No IV provision is in the bill.
For something to happen, each member needs to do their part by supporting this effort and taking part in action items. With so little support and initiative we cannot expect to match the kind of hard work DREAM act advocates have done.
If we need an amendment, we should be showing up for advocacy day or signing up for monthly contributions, volunteer our time, or doing any state chapter work by meeting local lawmaker offices regularly in groups. Dream Act folks have built a very strong network and advocacy effort that no politician can ignore. Go through the list of things they have been doing over the past few years and you can judge how much percentage we have as a community matched that effort. This is a reality and and ultimately it will be us that are responsible for no bill being passed in the last few years.
The community needs to do more than wasting time on the forums and trackers if they really want any bill to happen.
No IV provision is in the bill.
For something to happen, each member needs to do their part by supporting this effort and taking part in action items. With so little support and initiative we cannot expect to match the kind of hard work DREAM act advocates have done.
If we need an amendment, we should be showing up for advocacy day or signing up for monthly contributions, volunteer our time, or doing any state chapter work by meeting local lawmaker offices regularly in groups. Dream Act folks have built a very strong network and advocacy effort that no politician can ignore. Go through the list of things they have been doing over the past few years and you can judge how much percentage we have as a community matched that effort. This is a reality and and ultimately it will be us that are responsible for no bill being passed in the last few years.
The community needs to do more than wasting time on the forums and trackers if they really want any bill to happen.
kaisersose
06-05 11:48 AM
That post was intended towards EB3 category, particularly EB3-India. Ever since starting of this Fiscal Year there are very few EB3-India approvals (Can anybody dispute that?). So how come USCIS used up all the visas already?? Most of the guys here always talk about EB2-India which is not highly effected category in the first place. We suppose to be taking care of effected categories.
How do you know there have been very few EB3 approvals? There is no tracker accurate enough for us to know that.
How do you know there have been very few EB3 approvals? There is no tracker accurate enough for us to know that.
more...
ek_akela
02-11 07:29 PM
For AP renewal, do I need to send photos by mail again? I thought USCIS uses the picture on file. Folks please correct me if I am wrong. Could some one PM me the letter format?
Appreciate your help
This is the part I don't understand, during Efile on the intrsuctions list, it never says that you have to send photos
Here is the list
DO attach one copy of this Confirmation Receipt as a cover page for the supporting documentation that you
are submitting.
� DO keep the extra copy of the Confirmation Receipt and the copy of the application for your records.
� DO NOT send a copy of your e-filed application with your supporting documentation.
� DO NOT include any applications or fees with your supporting documentation for this e-filed application.
Appreciate your help
This is the part I don't understand, during Efile on the intrsuctions list, it never says that you have to send photos
Here is the list
DO attach one copy of this Confirmation Receipt as a cover page for the supporting documentation that you
are submitting.
� DO keep the extra copy of the Confirmation Receipt and the copy of the application for your records.
� DO NOT send a copy of your e-filed application with your supporting documentation.
� DO NOT include any applications or fees with your supporting documentation for this e-filed application.
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WeShallOvercome
08-22 02:29 PM
Abhidos,
I have a feeling the re-file might not work in this case. Just be prepared for the worst.
BTW, are you EB2 or EB3? and which country?
EB2 might have a good chance of begin current in near future.
I have a feeling the re-file might not work in this case. Just be prepared for the worst.
BTW, are you EB2 or EB3? and which country?
EB2 might have a good chance of begin current in near future.
more...
chanduv23
03-11 05:25 PM
You're right, the point I was making is the real intention of these Senators...When you want to scr.ew somebody you ask questions that are hard and mostly unanswerable....Take this example, Look at the requirement that Hyderabad Consulate has put up for H1B Visa Stamping, it sounds like they are saying don't you dare!!!
Such an escalated tone has been established due to various reasons, based on the fact that there is documented evidence of some abuse. It is not to scare every h1b visa holder.
See - people are writing so many posts their their friend is having trouble in h1b , friends friend is having trouble in POE etc... but none of them are original posts. Just look around yourself and your friends - check to see if anyone really got screwed (genuine folks) - there may be some people who got additional grilling and that's it.
People are still traveling everyday and getting stamping and no issues at POE.
Like I said earlier "unless you set the ass on fire those who abuse will not straighten themselves" - greed overtakes any good forward thought.
Senators are not your own country senators and we cannot influence their thoughts or feel bad about what they think about h1b visa. All we do is make a case for ourselves that we are genuine and really interested in following the system.
AFAIK every h1b and GC case has been dealt with on a case to case basis and people who have really followed rules did not have much issues - we continue to follow the system because we believe in it.
Such an escalated tone has been established due to various reasons, based on the fact that there is documented evidence of some abuse. It is not to scare every h1b visa holder.
See - people are writing so many posts their their friend is having trouble in h1b , friends friend is having trouble in POE etc... but none of them are original posts. Just look around yourself and your friends - check to see if anyone really got screwed (genuine folks) - there may be some people who got additional grilling and that's it.
People are still traveling everyday and getting stamping and no issues at POE.
Like I said earlier "unless you set the ass on fire those who abuse will not straighten themselves" - greed overtakes any good forward thought.
Senators are not your own country senators and we cannot influence their thoughts or feel bad about what they think about h1b visa. All we do is make a case for ourselves that we are genuine and really interested in following the system.
AFAIK every h1b and GC case has been dealt with on a case to case basis and people who have really followed rules did not have much issues - we continue to follow the system because we believe in it.
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drona
09-22 05:42 PM
If you are from Northern California, please join the local chapter here:
http://groups.yahoo.com/group/NC_Immigration_Voice/
Southern California folks, please join the group here:
http://groups.yahoo.com/group/SC_Immigration_Voice/
We look forward to adding active members to our local chapters.
http://groups.yahoo.com/group/NC_Immigration_Voice/
Southern California folks, please join the group here:
http://groups.yahoo.com/group/SC_Immigration_Voice/
We look forward to adding active members to our local chapters.
more...
sheela
02-21 08:45 AM
This is the most bizarre thing I ever heard w.r.to immigration. Usually the IO schedules an interview at one of the local offices or at one of the CBP (Customs and Border Patrol) offices. Atleast in San Francisco, both USCIS and CBP offices are located in the same building.
This happened to me and I may try to summarize my experience here. OP relax . PM me if you want to.
I Filed EB2i AOS in 07/07. Got a phone call at home (sometime in sep07). I was at work so my wife was the one who recd call and gave them my work ph#. Guy called at work, introduced himself and asked for time to visit me. We fixed up next morning . It was a kind of tense night. I had not informed my attorney about this- thinking it a part of background checks.
Next morning, an officer in plain bussiness dress showed up at exact time, introduced and gave me his bussiness card and presented his official ID card.
He spent some 45 minutes or so., and had several questions of personal nature about family and friends and money transmitted to india over the years (He had a complete list of transfers)
It was all serious questions but in a very casual/relaxed atmosphere (Nothing like allegations/judgemental).
This all ended very well. Saying GOOD LUCK to GREEN CARD.
Btw: I arrived in 2000 , worked for the same university until then.
This happened to me and I may try to summarize my experience here. OP relax . PM me if you want to.
I Filed EB2i AOS in 07/07. Got a phone call at home (sometime in sep07). I was at work so my wife was the one who recd call and gave them my work ph#. Guy called at work, introduced himself and asked for time to visit me. We fixed up next morning . It was a kind of tense night. I had not informed my attorney about this- thinking it a part of background checks.
Next morning, an officer in plain bussiness dress showed up at exact time, introduced and gave me his bussiness card and presented his official ID card.
He spent some 45 minutes or so., and had several questions of personal nature about family and friends and money transmitted to india over the years (He had a complete list of transfers)
It was all serious questions but in a very casual/relaxed atmosphere (Nothing like allegations/judgemental).
This all ended very well. Saying GOOD LUCK to GREEN CARD.
Btw: I arrived in 2000 , worked for the same university until then.
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wandmaker
07-25 11:43 AM
I know before you start blaming me for this thread, as it is of no use, I would like to point out that most of you must be experiencing the same thing. I didn't care much for Visa bulletin until it became current for EB2 two weeks back. As the time progress, I am doing all sorts of things, like checking USCIS case status, and checking everything that can possibly give me some information. I know that it is waste of time, I know it is not good for health, I know that I will get GC when time comes, but still, my mind is tricking me to think about it. I checked all these forums until 2A.M last night. I am not having enough sleep. I am waiting for a opportunity to get rid of my desi employer. I am really getting frustrated (I am not saying that I have been waiting for GC approval desperately). I just want to share my frustration and what I have been going through. I know I am in a better position than most of other people whose priority date is not even current. I wish they never dangled a carrot in front of me. I am not sure if they disappoint me next month, but I am still keeping my hopes. Hopefully, I would get over this and have enough sleep from today.
(1) GC, (2) Career and (3) Life are three different things -
(1) Don't expect GC to in your mail box next week or in 6 months or in 12 months.
(2) You can not pursue your career to higher level because roles and responsibilities are tied to it, nothing can be done.
(3) Life is in your control, do ac21 and move on with your day to day life. (1) & (2) will fall into your hands someday.
(1) GC, (2) Career and (3) Life are three different things -
(1) Don't expect GC to in your mail box next week or in 6 months or in 12 months.
(2) You can not pursue your career to higher level because roles and responsibilities are tied to it, nothing can be done.
(3) Life is in your control, do ac21 and move on with your day to day life. (1) & (2) will fall into your hands someday.
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helloh1
01-26 06:19 PM
hey lazycis.... thanks for the pdf. Its very informative and relieving too.
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Karthikthiru
02-06 05:53 PM
Myself and my wife sent letters to President and ImmigrationVoice
Karthik
Karthik
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lacrossegc
04-13 08:29 PM
Good Idea ... May be we can build on this ... making monetary contrributions will risk the appearance of "buying a green card".
How about this:
Most of us claim to be highly experienced, highly educated, in diverse fields. A while back there was an announcement about serving for the military and in exchange for the service, you get a green card/ fast track to citizenship. In a similar vein, if there is a progam in place where we commit to educate students in colleges, high schools and other accredited institutions for a certain fixed period (say 1-2 yrs), we earn the green card sooner. This would be more platable. We utilize our skills, teach students, serve the community and shows our commitment to our prospective adopted country. It fits in like a glove with what President Obama is calling on citizens to do, his "army of teachers" ready made
This way we will be able to channelize positive support and there will be nothing that antis could argue against.
I love to teach, I have taught before while completing my Masters.
How about this:
Most of us claim to be highly experienced, highly educated, in diverse fields. A while back there was an announcement about serving for the military and in exchange for the service, you get a green card/ fast track to citizenship. In a similar vein, if there is a progam in place where we commit to educate students in colleges, high schools and other accredited institutions for a certain fixed period (say 1-2 yrs), we earn the green card sooner. This would be more platable. We utilize our skills, teach students, serve the community and shows our commitment to our prospective adopted country. It fits in like a glove with what President Obama is calling on citizens to do, his "army of teachers" ready made
This way we will be able to channelize positive support and there will be nothing that antis could argue against.
I love to teach, I have taught before while completing my Masters.
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bidhanc
03-21 02:15 PM
I am in NYC. Shall we team up?
Yes, we should.
I am a little late on this "meet the lawyers" drive.
Do we have any more people around here from NY?
Bidhan
Yes, we should.
I am a little late on this "meet the lawyers" drive.
Do we have any more people around here from NY?
Bidhan
more...
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rssb
01-27 06:07 AM
U donno where to even start. My argument was based on relativity and "most of" theory and never was 100%.
U must be a gulti trying to defend ur region - God bless
?? :confused:
As MC and others say lets stay on topic (which is fraud) . You were the first to start and drag unrelated issues into this conversation. FYI I have good friends who are from the region and went to school with them. It does not matter where we are from , the common binding purpose we are discussing on this forum is immigration / legal immigration.
What we need is unity between people ( from various countries) and groups ( EB2, EB3 ) to work towards solving the problem on hand, which is retrogression. And not additional divisions. Who knows EB1 might get retrogressed if there are too many good people capable of that under the current rules.
People from different regions/ countries apply for legal immigration and everyone is undergoing the same thing. For general news, chit chat and adding spice there are other avenues to discuss unrelated politics ( blogs, personal pages, or tv 24/7 news channels ). If you have different topic which states what you are discussing, only interested parties can spend time reading and assimilating that useful information you have provided.
Your argument of relativity has nothing related to trivalley or what happened there.
U must be a gulti trying to defend ur region - God bless
?? :confused:
As MC and others say lets stay on topic (which is fraud) . You were the first to start and drag unrelated issues into this conversation. FYI I have good friends who are from the region and went to school with them. It does not matter where we are from , the common binding purpose we are discussing on this forum is immigration / legal immigration.
What we need is unity between people ( from various countries) and groups ( EB2, EB3 ) to work towards solving the problem on hand, which is retrogression. And not additional divisions. Who knows EB1 might get retrogressed if there are too many good people capable of that under the current rules.
People from different regions/ countries apply for legal immigration and everyone is undergoing the same thing. For general news, chit chat and adding spice there are other avenues to discuss unrelated politics ( blogs, personal pages, or tv 24/7 news channels ). If you have different topic which states what you are discussing, only interested parties can spend time reading and assimilating that useful information you have provided.
Your argument of relativity has nothing related to trivalley or what happened there.
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pappu
12-24 09:56 PM
Let us see how many IV folks are in this boat. It is really unfortunate that you guys have had to wait. I think there are others who may have applied later in EB3 and due to different state labor, they got their GC in a couple of years. Now they maybe preparing for citizenship while you are still waiting for greencard. The labor backlogs have created this situation.
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GCAmigo
12-21 09:31 AM
Atleast someone is hearing our voices.
Does H4 to H1 conversion counts H1B numbers right?
:confused:
-Madhu
YES it falls under the dreaded cap!
Does H4 to H1 conversion counts H1B numbers right?
:confused:
-Madhu
YES it falls under the dreaded cap!
Guig0
02-04 05:59 AM
Originally posted by Makaveli
guig0 i voted for you!!! just cuz eilsoe tried to screw you over by linking the WRONG SPEELing one.... j/k
btw, how the HELL do you make a spelling mistake during pixel art.......lol
why aren't you posting as much anymore i love reading your hillarious remarks :love:
you can always count on mak to vote in you when you need ;) :P
thanks for the vote mak =) i think :P
yep, i�m not posting as much anymore coz berta (you know who) left me :(
but that�s ok, i�m getting a new one for me tomorrow :blush: and then:
::said like terminator:: i�ll be back!
:P :P
guig0 i voted for you!!! just cuz eilsoe tried to screw you over by linking the WRONG SPEELing one.... j/k
btw, how the HELL do you make a spelling mistake during pixel art.......lol
why aren't you posting as much anymore i love reading your hillarious remarks :love:
you can always count on mak to vote in you when you need ;) :P
thanks for the vote mak =) i think :P
yep, i�m not posting as much anymore coz berta (you know who) left me :(
but that�s ok, i�m getting a new one for me tomorrow :blush: and then:
::said like terminator:: i�ll be back!
:P :P
lazycis
01-26 09:07 PM
Nice story :) I had a clause in my first contract that I had to work for a company at least for 6 months or I will have to reimburse all H1B-related expenses. Well, I left the company and when the company's president called me, just told him to get lost. Never heard from him again. Looking back, I should've sued the company because it did not pay me full salary for the first month while I was on the "bench" (searching for a contract). Well, I am just too lazy :)
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